HOUSE BILL No. 5858

 

March 14, 2006, Introduced by Rep. Sak and referred to the Committee on Energy and Technology.

 

     A bill to amend 1991 PA 179, entitled

 

"Michigan telecommunications act,"

 

by amending section 305 (MCL 484.2305), as amended by 2005 PA 235.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 305. (1) A provider of basic local exchange service shall

 

not do any of the following:

 

     (a) Discriminate against another provider by refusing or

 

delaying access service to the local exchange.

 

     (b) Refuse or delay interconnections or provide inferior

 

connections to another provider.

 

     (c) Degrade the quality of access service provided to another

 


provider.

 

     (d) Impair the speed, quality, or efficiency of lines used by

 

another provider.

 

     (e) Develop new services to take advantage of planned but not

 

publicly known changes in the underlying network.

 

     (f) Refuse or delay a request of another provider for

 

information regarding the technical design, equipment capabilities

 

and features, geographic coverage, and traffic patterns of the

 

local exchange network.

 

     (g) Refuse or delay access service or be unreasonable in

 

connecting another provider to the local exchange whose product or

 

service requires novel or specialized access service requirements.

 

     (h) Upon a request, fail to fully disclose in a timely manner

 

all available information necessary for the design of equipment

 

that will meet the specifications of the local exchange network.

 

     (i) Discriminate against any provider or any party who

 

requests the information for commercial purposes in the

 

dissemination of customer proprietary information. A provider shall

 

provide without unreasonable discrimination or delay telephone

 

directory listing information and related services to persons

 

purchasing telephone directory listing information to the same

 

extent and in the same quality as provided to the provider,

 

affiliates of the provider, or any other listing information

 

purchaser.

 

     (j) Refuse or delay access service by any person to another

 

provider.

 

     (k) Sell, lease, or otherwise transfer an asset to an

 


affiliate for an amount less than the fair market value of the

 

asset.

 

     (l) Buy, lease, or otherwise acquire an asset from an affiliate

 

of the provider for an amount greater than the fair market value of

 

the asset.

 

     (m) Bundle unwanted services or products for sale or lease to

 

another provider.

 

     (n) Perform any act that has been prohibited by this act or an

 

order of the commission.

 

     (o) Sell services or products, extend credit, or offer other

 

terms and conditions on more favorable terms to an affiliate of the

 

provider than the provider offers to other providers.

 

     (p) Discriminate in favor of an affiliated burglar and fire

 

alarm service over a similar service offered by another provider.

 

     (2) A provider of wireless or cellular communication services

 

or any other person shall not sell or offer to sell any type of

 

customer information to another person without the written consent

 

of the customer. This subsection prohibits all of the following:

 

     (a) To use false, fictitious, or fraudulent statements or

 

documents to get customer information from a provider or directly

 

from a customer.

 

     (b) To use forged, counterfeit, lost, or stolen documents to

 

get customer information from a provider or directly from a

 

customer.

 

     (c) To ask another person to get someone else's customer

 

information using false, fictitious, or fraudulent statements or

 

using false, fictitious, or fraudulent documents or forged,

 


counterfeit, lost, or stolen documents.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 5857(request no.

 

05771'06) of the 93rd Legislature is enacted into law.